The bill's critics say it's the latest measure that reduces government transparency.
New Jersey Gov. Phil Murphy delivers his State of the State address to a joint session of the Legislature at the Statehouse, in Trenton, New Jersey, on Jan. 9. | Matt Rourke/APto overhaul the state’s Open Public Records Act despite intense public pushback from activists who warned it would enable corruption and tarnish his legacy.
“If I believed that this bill would enable corruption in any way, I would unhesitatingly veto it,” Murphy wrote. Most controversially, the legislation would end the current practice of mandatory “fee shifting,” in which governments pay the “reasonable” legal costs for any requester who successfully challenges a records denial in court. It would instead leave it up to a judge, who would only be required to award the legal costs to the plaintiff if they determine the denial was made in “bad faith,” “unreasonably,” or the government agency “knowingly or willfully” violated the law.
— Allow governments to sue to limit requesters’ records requests if they show there’s an “intent to substantially impair” government operations. — Bar those have received photos or video footage through a public records request from disseminating “any indecent or graphic images of the subject’s intimate part” without their consent.
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